Ask Experts Questions for FREE Help !
Ask

My ex girlfriend took our daughter to a friend of hers house and dropped her off.

Asked Jun 20, 2012, 09:54 PM — 6 Answers
And she told the woman to take care of her... The woman then just called me and asked me to sign all of my rights over to her. I have DNA proof that she is my daughter but we haven't we to court about custody yet.. But I know I have rights to my daughter, but do I have the right to go to that womans house to get my daughter

Search this Thread
Share |
6 Answers
cdad's Avatar
cdad Posts: 10,959, Reputation: 6540
Internet Research Expert
  
#2

Jun 21, 2012, 03:53 AM
You can try. But if you have no legal proof you may get denied. If they call the mother and ask her to verify and she lies then your going to end up with the child later anyway.
Helpful
ScottGem's Avatar
ScottGem Posts: 58,066, Reputation: 28135
Computer Expert and Renaissance Man
  
#3

Jun 21, 2012, 05:01 AM


Not yet. If you are not on the birth certificate, you actually have NO rights until a court rules otherwise. So you need to go to court to establish yourself as the legal father with custody.

Here is where this gets interesting. This woman has no rights either. She legally can't even take your daughter to the doctor (I'm assuming she is an infant) since she can't authorize medical care. What I would do is ask this woman to make the request that you sign over your rights in writing, or at least in an e-mail. CA prohibits recording a phone conversation without informing all parties.

Then file for an emergency custody hearing stating the mother abandoned the child in this woman's care and you want full immediate custody so you can ensure she is cared for properly.

This woman doesn't know the law because you can't just sign over your rights even if you wanted to. But it will go a lot easier for you to get custody if you show the mother left her in this woman's care permanently. Otherwise, as soon as you file for custody she can give your daughter back to the mother and it will be harder for you to get custody.

It would be best if you retain an attorney, but you need to act quickly for your daughter's sake.
Helpful
John4567's Avatar
John4567 Posts: 5, Reputation: 1
New Member
  
#4

Jun 21, 2012, 12:00 PM
Quote:
Originally Posted by ScottGem View Post
Not yet. If you are not on the birth certificate, you actually have NO rights until a court rules otherwise. So you need to go to court to establish yourself as the legal father with custody.

Here is where this gets interesting. This woman has no rights either. She legally can't even take your daughter to the doctor (I'm assuming she is an infant) since she can't authorize medical care. What I would do is ask this woman to make the request that you sign over your rights in writing, or at least in an e-mail. CA prohibits recording a phone conversation without informing all parties.

Then file for an emergency custody hearing stating the mother abandoned the child in this woman's care and you want full immediate custody so you can ensure she is cared for properly.

This woman doesn't know the law because you can't just sign over your rights even if you wanted to. But it will go a lot easier for you to get custody if you show the mother left her in this woman's care permanently. Otherwise, as soon as you file for custody she can give your daughter back to the mother and it will be harder for you to get custody.

It would be best if you retain an attorney, but you need to act quickly for your daughter's sake.


See the thing about it is my ex took her across state lines.. And dropped her off... They can't do anything in the state In which my daughter is in because neither my ex or myself live in that state and I have to hire a lawer just to file for custody.. You wanna here a real kicker the woman she dropped her off with is a known junkie

What kind of world do we live in where a crack head who isnt the child's parent can have my baby but I have to spend months trying to get my daughter back.. I mean who knows what's doing on in that house

I have to go to court in a few months so hopefully everything works out
Helpful
ScottGem's Avatar
ScottGem Posts: 58,066, Reputation: 28135
Computer Expert and Renaissance Man
  
#5

Jun 21, 2012, 12:26 PM


I would not wait a few months. I would file for an emergency custody hearing to get yourself setup as the custodial parent at least until a court can sort it out. Then I would take that order and go pick up your daughter. if this woman calls the police you present your court and tell them this woman has no right to your child.

As you said, who knows what is going on and you need to move before the child is hurt.
Helpful
AK lawyer's Avatar
AK lawyer Posts: 9,922, Reputation: 4212
Expert
  
#6

Jun 21, 2012, 01:46 PM
Quote:
Originally Posted by John4567 View Post
See the thing about it is my ex took her across state lines.. And dropped her off... They can't do anything in the state In which my daughter is in because neither my ex or myself live in that state and I have to hire a lawer just to file for custody. ...
File in your own state.

If you get an emergency order from your home state, and if need be, the order can be enforced in the other state where you daughter is now.

What states are we talking about, by the way?
Helpful
ScottGem's Avatar
ScottGem Posts: 58,066, Reputation: 28135
Computer Expert and Renaissance Man
  
#7

Jul 31, 2012, 03:18 AM


So what is happening with your situation? Have you filed for custody?

P.S. I moved your friend's issue to its own thread.
Helpful
Not your question? Ask your question View similar questions
 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting
 

Undo
Redo
  
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Father in Mexico and I want to get his rights dropped to my daughter. . [ 6 Answers ]

My daughters father left the states to go be with his girlfriend that got banned from the states. They are now married and he said he gave up his citizenship to be with his wife in Mexico. How can I get his rights dropped to my daughter with him being there, and can I even get his rights dropped? I...

How long do I have to pay child support in nyif daughter is 18 dropped out of school? [ 3 Answers ]

I have been paying child support on my daughter on time as ordered. She is 18 now and has dropped out of school. I found out today she is pregnant! Do I still have to pay child support for her if she is out of school and not enrolled in any school and now Pregnant?

The water pressure in my house and all of the houses in my street suddenly dropped [ 1 Answers ]

The hot and cold water pressure in my house and all the other houses in the street suddenly dropped. The pressure was fine this morning but dropped mid afternoon and has stayed that way since. Looking for advice on what could be the cause

Girlfriend broke up with me, we have a daughter and house [ 6 Answers ]

How can I get my girlfriend back which we have a daughter, home, vehicle and basically everything together. We have been together for almost 3 years and have been through a lot and recently she said we are not meant for each other. That I don't appreciate her enough or show her enough attention. ...

Live In Girlfriend Has Semi-Dropped Me And Is Possibly Moving On [ 12 Answers ]

I want to apologize in advance because this is going to read like a Springer show based on the situation but it's unfortunately my realisty and I would really like some advice from anybody out there. My girlfriend and I moved to Denver a month ago. Before we left to move here I wasn't working...

View more Family Law questions Search